It is best to understand what a Prenuptial Agreement is in order to see that it is best to have the advice of a family lawyer to assist you.
A Prenuptial Agreement is a contract between you and your future spouse that determines your financial rights and obligations if your marriage ends as a result of divorce or death. It is also a useful tool for creating a financial plan to use during your marriage.
You can make agreements regarding how to handle your finances during your marriage and create peace of mind for each of you so you can avoid disputes.
Every situation is unique and it is best to have an experienced legal advisor to help you though the process.
There are very important issues to be aware of when drafting and completing such an Agreement.
It is easy to think that you can just prepare a Prenuptial Agreement by yourself. When you are planning to be married, there is great optimism and it is hard to think about the prospect that your relationship could end one day. So, there is a tendency to think that you can just put together a simple Agreement and move on to the marriage celebration.
However, you have to take a step back and think about why you want a Prenuptial Agreement. Clearly, if you think a Prenuptial Agreement is important to have, you want it to have validity if you ever need to rely on it in the future.
It is best for both you and your fiance to have lawyers advising you through the process.
Hopefully, the two of you will discuss most of the issues yourselves and negotiate the terms between you. However, your separate attorneys can help advise each of you as to the important terms of the Prenuptial Agreement as well as how to achieve a fair Agreement.
It is likely that one of you is in a better financial position than the other when you marry. You will need help to decide how best to deal with such a situation so neither one of you begins your marriage feeling that things are not fair.
Your family lawyer can help to protect your individual rights while trying to achieve a fair result so that neither one of you enters your marriage feeling that he or she has been treated unfairly.
Seek the advice of a family law attorney/divorce lawyer when contemplating a Prenuptial Agreement. The fees involved are well spent so you can avoid the pitfalls that can result if you prepare the Agreement yourself only to have it ruled invalid at the time you need it or to be too ambiguous to be useful. A family lawyer who is sensitive can help to ensure that the Agreement is fair for both of you.